Candidate of Young Progressives Party (YPP), Ifeanyi Ubah, has filed an appeal against Friday’s judgement by the Federal Capital Territory High Court sitting in Bwari, which removed him from the Senate.
Justice Bello Rawu had in this ruling sacked Ubah and ordered that Obinna Uzoh of the People’s Democratic Party (PDP) replace him.
Speaking with reporters in Abuja, Ubah who described the judgement as a “mere distraction”, said he has gone further to file an injunction for a stay of execution on the judgement pending the determination of my appeal at the Court of Appeal in Abuja.
“I have appealed against the judge’s refusal to set aside the judgement. I have also filed an injunction for Stay of Execution.
“I have absolute confidence that the Court of Appeal will do justice and set aside the judgement,” he said.
Ubah, who currently represents Anambra South in the Senate, faulted the judgment on multiple grounds.
“First was that the FCT High Court lacked the territorial jurisdiction to entertain a matter that arose from Anambra South Senatorial Election Primaries,” he said.
He said filing the case against him in Abuja and not in Anambra was to ensure that the defendant (him), and even Chris Uba of the PDP, is not made aware of the proceedings.
“In fact, Chris Uba filed an application asking the court to be joined as he was the authentic candidate of the PDP as confirmed by INEC,” Ubah said.
The lawmaker said the FCT High Court also lacked the jurisdiction as the matter in question was a post-election matter already settled at the election tribunal and the Court of Appeal that gave him victory against the authentic candidate of the PDP, Chris Uba.
He expressed shock that contrary to Section 285(13)) of the 1999 Constitution, the court granted the wish of Obinna Uzoh who was not even a candidate in the February 23 election and did not go through the entire stages of the election as the winner of the election.
The Senator said even more shocking was that he was not at any time served in any of the court processes, thereby infringing on his right to a fair hearing.
On the criminal allegation that his National Examination Council (NECO) Certificate was forged, Ubah said the court did not summon any staff of NECO or any other appropriate authority confirming his NECO certificate as fake, hence “there was no proof beyond a reasonable doubt on the allegation of falsification of NECO certificate.”
He said this “kangaroo tactics adopted spells doom for the electoral process and justice system if allowed to stand.”